The surviving spouse's right to demand the termination of the participation acquired property regime

According to Article 225 of the Turkish Civil Code, the participation acquired property regime adopted by the legislator as a legal property regime will end with the death of one of the spouses, the transition to another property regime, the termination of marriage due to cancellation or divorce or when the judge decides to proceed with the separation of property. If liquidation is demanded in the event that the goods regime ends in death, first of all, the liquidation of the goods regime will be carried out; then the heritage will be shared. In this case, "participation receivable" account will be made first; then the "right of inheritance" will be determined. However, if the legal property regime and all other optional goods regimes have been terminated by death, it is possible that family residence and household goods can be made available to the surviving spouse only if the conditions in Article 652 of the Turkish Civil Code are fulfilled, but Article 240 of the Turkish Civil Code only in the event that the regime ends with death, it allows the family residence and household goods to be provided to the surviving spouse. Article 240 of the TMK is the sole provision which constitutes the exception to the rule that the spouse who is the rightful owner in the participation in acquired goods has the right to claim. It is not possible in any way to implement this provision in cases where the goods regime ends for another reason, which can only be applied if the regime of acquiring the goods is terminated only by death.